Full Responsibility and Expedited Enforcement Act; FREE Act
Summary
The Full Responsibility and Expedited Enforcement Act (FREE Act) aims to streamline the federal permitting process by requiring agencies to evaluate their existing permitting systems and consider replacing them with a 'permit by rule' system. This system involves specific written standards, applicant self-certification of compliance, and a streamlined approval process with deadlines for agency action. The goal is to reduce delays and costs associated with federal permitting.
Expected Effects
The FREE Act could lead to faster permit approvals and reduced administrative burdens for both government agencies and permit applicants. Agencies would be required to report to Congress on their permitting processes and assess the feasibility of implementing 'permit by rule'. The Act also includes provisions for attorney fees if agencies fail to meet reporting deadlines or unreasonably delay permit decisions.
Potential Benefits
- Reduced bureaucratic delays in obtaining permits.
- Lower costs for both applicants and government agencies due to streamlined processes.
- Increased transparency and predictability in the permitting process.
- Greater accountability for agencies in meeting deadlines.
- Potential for more efficient allocation of agency resources by focusing on enforcement rather than initial gatekeeping.
Potential Disadvantages
- Potential for reduced environmental or safety oversight if self-certification is not adequately audited.
- Risk of agencies misinterpreting or misapplying the 'permit by rule' system.
- Increased litigation if disputes arise over permit denials or revocations.
- Possible shift of costs to applicants if they need to hire attorneys to challenge agency decisions.
- Uncertainty during the transition period as agencies evaluate and potentially overhaul their permitting systems.
Most Disadvantaged Areas:
Constitutional Alignment
The FREE Act appears to align with the Constitution, particularly Article I, Section 8, which grants Congress the power to regulate commerce. By streamlining the permitting process, the Act could facilitate economic activity and interstate commerce. The Act also includes provisions for judicial review, ensuring due process as protected by the Fifth Amendment. The requirement for agencies to report to Congress supports congressional oversight and accountability.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).